Newsletters
Personal Injury and Recalls
Posted 8-19-2010
Toyota has received a lot of press lately for failing to act quickly to recall cars with accelerator problems, but it is
not the only company that needs to learn the importance of recalling defective products promptly. A recent case involving
Caterpillar illustrates this point.
The case involved a tractor driver who was thrown from the seat of a Caterpillar tractor and was forced up against
the machine's frame. As a result of this, he suffered broken ribs, a punctured lung, and spinal injuries that have left
him paralyzed from the waist down.
According to Caterpillar, the worker fell from the machine because he was driving in an unsafe fashion
and hit a bump, causing the machine to malfunction. However, an eyewitness testified that the driver was not
driving too fast, and pictures of the site did not show a bump.
What the evidence did show is that Caterpillar knew of a mechanical flaw in the tractor that could
cause it to suddenly downshift from sixth to second gear, and had been aware of the problem for years.
Internal memos also showed that Caterpillar sought to delay a recall to address the problem and then sought
to fix only certain parts rather than the whole system, in an effort to keep costs down.
The jury was unimpressed by Caterpillar's attitude toward the safety of people using its product and found it 90%
responsible for the worker's injuries. Based on this determination, the jury returned a verdict of almost $16 million
for medical expenses, lost wages, and suffering, and more than $40 million in punitive damages.
To learn more about your legal rights, contact The Martin Law Firm, a
Houston personal injury attorney at 281-893-0777
Motorcycle Accidents
posted: 7-13-2010
People choose to ride motorcycles for a variety of reasons. In fact more and more people are choosing motorcycles as their method of transportation. In addition to being a fun and economical ride, they can also be dangerous. Motorcycles do not offer their riders the same protection other automobiles and other motorists often have difficulty seeing and anticipating motorcycles, which leaves the rider prone to serious and often life threatening injuries.
Therefore it is important for motorcycle riders to be aware of their legal rights if they are involved in a motorcycle accident. Often, the laws regarding motorcycles differ with respect to automobiles, so it is important to consult with a motorcycle accident attorney immediately follwing an incident.
Risks for Motorcycle Riders
After reviewing the following statistics, the need for motorcycle riders to protect their rights of recovery after an accident is apparent.
- In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and caused the accident.
- Motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.
- Per mile traveled in 1998, motorcyclists were about 16 times more likely than passenger car occupants to die, and about 3 times as likely to be injured, in a motor vehicle crash.
To learn more about your legal rights, contact The Martin Law Firm, a motorcycle personal injury attorney at 281-893-0777
